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Case Digest on BALUYOT VS. GUIAO September 28, 1999

January 4, 2011

Case Digest on BALUYOT VS. GUIAO

September 28, 1999

Judgment

Facts: P filed a case to declare null and void a donation of a piece of land against D.  P claimed ownership of the same.   After trial, the court declared the donation void and P the owner of the land and issued a writ of possession in favor of P.  D now appeals the judgment.  One of the errors assigned was that the court committed grave abuse of discretion in issuing the writ of possession.

Issue: Whether the writ of possession was issued in excess of jurisdiction.

Held: Yes.

Judgment is not confined to what appears on the face of the decision, but also those necessarily included therein or necessary thereto; and, where the ownership of a parcel of land was decreed in the judgment, the delivery of the possession of the land should be considered included in the decision, it appearing that the defeated party’s claim to the possession thereof is based on his claim of ownership.  Also, adjudication of ownership would include the delivery of possession if the defeated party has not shown any right to possess the land independently of his claim or ownership which was rejected.  In such case, writ of execution would be required if the defeated party does not surrender the possession of the property.  Here, there is no allegation, much less proof, that petitioners have any right to possess the land independent of their claim of ownership.

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